Congress enacts 2018 Juvenile Justice Reform Act (JJRA) including amendments to support Tribal youth
Congress enacted the Juvenile Justice and Delinquency Prevention (JJDP) Act (Pub. L. No. 93-415, 42 U.S.C. § 5601 et seq.) in 1974. This landmark legislation established the Office of Juvenile Justice and Delinquency Prevention (OJJDP) to support local and state efforts to prevent delinquency and improve the juvenile justice system. In December 2018, the Juvenile Justice Reform Act (JJRA) of 2018 was signed into law, reauthorizing and substantially amending the Juvenile Justice and Delinquency Prevention Act of 1974 (as Amended Through P.L. 115-385, enacted December 21, 2018). The JJRA becomes effective in FY 2020 (October 1, 2019). Detailed information about the regulations for the OJJDP Formula Grants program is contained in the OJJDP Formula Grant Regulation, 28 C.F.R. Part 31, Subpart A. You can learn more about the act at www.OJJDP.gov
The 2018 Act created special provisions to support Tribal Youth. Provisions that impact Tribal youth include activities such as:
- Consultation with Tribes: Within one year of enactment of the JJRA (by December 21, 2019), OJJDP shall work in consultation with Tribes to collaborate with representatives of Indian Tribes with a criminal justice function on the implementation of the provisions of the Act related to Indian Tribes. See Section 204 (b)(5)
- Annual Administrator Report: The Administrator shall provide a yearly report that includes a description of the funding provided to Indian Tribes under the Act for juvenile delinquency or prevention programs under the Tribal Law and Order Act of 2010. This includes both direct Federal grants and funding provided to Indian Tribes through a State or local unit of government. See Section 207
- State Advisory Group Addition and Expansion of State Pass Through Funding Opportunities: States shall submit a plan for carrying out purposes according to three year periods and should include and plan for an advisory group that includes Tribal representation or an individual with significant expertise in tribal law enforcement and juvenile justice in Indian Tribal Communities. See Section 223 (a)(3)
- Juvenile Justice Study: Within one year of enactment of the JJRA (by December 21, 2019), research must be conducted that supports the identification of barriers faced by State and Indian Tribes providing services to juveniles who prior to placement in the juvenile justice system were under the care or custody of the State child welfare system, as well as youth who remain wards of the State. See Section 251
- Supportive Funding and Auditing Requirements: Funding for Tribal delinquency prevention and response programs will continue and 11% of Title V funding for Tribal Youth programs. Comprehensive analysis and evaluation of internal controls will ensure that states and Indian Tribes receiving grants under the Act follow the grant and core requirements. Remediation shall occur for states or Indians tribes failing to follow requirements. See Sections 505 and 602
Learn More about the Juvenile Justice Reauthorization Act:
Visit the Office of Juvenile Justice and Delinquency Prevention at www.OJJDP.gov
See a fact sheet developed by the National Congress of American Indians: http://www.act4jj.org/sites/default/files/resource-files/Tribal%20Youth%20Fact%20Sheet%20-%20Final.pdf
Get support and information to support Tribal Youth prevention and intervention efforts from the Tribal Youth Resource Center. Learn more at www.TribalYouth.org and dowload this post as a fact sheet in our virtual library https://www.tribalyouthprogram.org/resources/virtual-library/193/
